Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Privilege and confidentiality - General

136: Recognition of privilege

You could also call this:

"Protecting Your Private Information: What You Can Keep Secret"

When you are dealing with the law, some information is private and cannot be shared. This is called a privilege. You have privileges that protect your private information.

You have legal professional privilege, which means you can talk to a lawyer without others finding out what you said, as described in section 53(5) of the Evidence Act 2006. You also have privilege for communications with legal advisers, as described in section 54 of the Evidence Act 2006. You have privilege for preparatory materials for proceedings, as described in section 56 of the Evidence Act 2006.

You have other privileges too, like privilege for settlement negotiations or mediation, as described in section 57 of the Evidence Act 2006. You have privilege for communications with ministers of religion, as described in section 58 of the Evidence Act 2006. You have privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists, as described in section 59 of the Evidence Act 2006.

But if you use your privilege for a dishonest purpose, or to help someone commit a crime, then your privilege does not apply. If you are a journalist, you have rights to protect your sources, as described in section 68 of the Evidence Act 2006. The court that deals with your privilege is usually the District Court, but if you are a journalist, it is the High Court.

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This page was last updated on 24 May 2025

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM2136844.

Topics:

Crime and justice > Courts and legal helpRights and equality > Privacy

135: Further postponement of, or dispensation from, obligation to comply with certain provisions, or

"Asking for more time or to skip some rules to keep people safe or help with an investigation"

137: Lawyers' trust accounts, or

"Rules for lawyers to keep clients' money safe and what happens if police want to see the records"

Part 4General provisions in relation to search, surveillance, and inspection powers
Privilege and confidentiality: General

136Recognition of privilege

The following privileges are recognised for the purposes of this subpart:
legal professional privilege, to the extent that (under section 53(5) of the Evidence Act 2006) it forms part of the general law:
privilege for communications with legal advisers (as described in section 54 of the Evidence Act 2006):
privilege for preparatory materials for proceedings (as described in section 56 of the Evidence Act 2006):
privilege for settlement negotiations or mediation (as described in section 57 of the Evidence Act 2006):
privilege for communications with ministers of religion (as described in section 58 of the Evidence Act 2006):
privilege in criminal proceedings for information obtained by medical practitioners and clinical psychologists (as described in section 59 of the Evidence Act 2006):
to the extent provided in section 138, and only to that extent, any privilege against self-incrimination (as described in section 60 of the Evidence Act 2006):
privilege for informers (as described in section 64 of the Evidence Act 2006):
the rights conferred on a journalist under section 68 of the Evidence Act 2006 to protect certain sources.

For the purposes of this subpart, no privilege applies in respect of any communication or information if there is a prima facie case that the communication or information is made or received, or compiled or prepared,—
for a dishonest purpose; or
to enable or aid any person to commit or plan to commit what the person claiming the privilege knew, or ought reasonably to have known, to be an offence.

For the purposes of this subpart, the appropriate court is,—
in any case that involves the applicability of the rights of journalists recognised by subsection (1)(i), the High Court:
in any other case, the District Court.